Counter-Terrorism and Sentencing Bill

Lord Paddick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 21st September 2020 Lords Chamber

[Lord Paddick (LD)]

My Lords, I start on a personal note to say how pleased I am to be in the Chamber for the maiden speech of the noble Lord, Lord Vaizey of Didcot; I am sure that the right reverend Prelate the Bishop of Manchester will be equally magnificent.

The most important thing we should be seeking to achieve is ensuring that terrorists do not cause harm to others—on that, we are united. How best to achieve this outcome is what is likely to divide us. We on these Benches will decide on the evidence, not the rhetoric. We acknowledge that the terrorist threat level remains “substantial” and that the tragic and horrifying terrorist attacks at Fishmongers’ Hall and in Streatham, less than a year ago, were committed by those who were known to the security services, and who had been released automatically at the half-way point of their sentence with no consideration by the Parole Board. As the Minister has said, we passed emergency legislation, the Terrorist Offenders (Restriction of Early Release) Act 2020, to address that situation.

I believe there are six remaining questions of public safety arising out of these tragic incidents, which the Government should be addressing. As the noble and learned Lord, Lord Falconer of Thoroton, has said, some of these are addressed in the Bill but some are not. First, is the Prevent strategy effective in identifying those at risk of being radicalised, and in diverting them away from potential terrorist activity? The most important thing is preventing terrorism—to stop people being radicalised to the extent that they are a threat to the public. Yet, this Bill pushes the independent review of Prevent, which this House insisted on in the Counter-Terrorism and Border Security Act 2019, into the long grass, with no timetable for completion. Can the Minister tell the House what progress, if any, has been made?

Secondly, does the Prison Service have the information, training, expertise and resources to be able to deradicalise those in its custody and to prevent inmates from being radicalised or further radicalised? If they are convicted and imprisoned, offenders need to be in an environment where they can turn their lives around. Longer and longer sentences, extending early release from half way to two-thirds to never being released at all, overcrowding and understaffing—all provide a fertile breeding-ground for radicalisation. What evidence do the Government have that longer sentences deter idealistic, radicalised individuals who are determined to do us harm?

Thirdly, is it more effective to deradicalise those in prison or those on licence—and what is the impact of longer sentences on the susceptibility to deradicalisation? The Government claim that longer sentences provide more time to deradicalise, but what evidence is there that this would be more effective? How do we know that longer sentences, which may be perceived to be unfairly harsh, do not create greater resentment and make someone less amenable to deradicalisation?

Fourthly, does the Parole Board have the information, training, expertise and resources to be able to assess the risk posed by such offenders? What are the Government doing to improve the Parole Board’s decision- making capability? There is nothing in the Bill on this issue.

Fifthly, does the probation service have the information, training, expertise and resources to be able to manage the risk posed by such offenders? The Government’s record in relation to the probation service generally is disastrous—and the experience and expertise required to manage the potential risk posed by such offenders is considerable. Perhaps lie-detector tests can help. As the Minister said, what evidence is there that they work? Does the probation service have the equipment, technicians and scientists to carry out and interpret the results of the proposed polygraph tests? If they are effective, why is there no plan to make these tests available to the Parole Board, for example, to help in its decision-making?

Sixthly, is the way that different agencies, including the police, probation service and security services, work together to investigate, monitor and manage terrorist offenders under the Multi Agency Public Protection Arrangements operating effectively? Where are we with the implementation of the recommendations of the independent review of MAPPA, particularly those considered urgent by the Independent Reviewer of Terrorism Legislation, who carried out the review?

In 2011, control orders were replaced by terrorism prevention and investigation measures—TPIMs—moving from significant and indefinite restrictions on suspected terrorists’ liberties without trial to a limited power to manage the risk posed while evidence was gathered to secure a conviction. TPIMs can be imposed without the standard of proof usually required before the state can restrict an individual’s—that is, proof beyond reasonable doubt. The civil case standard of

“the balance of probabilities that the individual is, or has been, involved in terrorism-related activity”

is considered enough.

The Bill wants to take us back to the control order standard of “reasonable grounds for suspecting”—the same standard of proof that a police officer requires before making an arrest. Believe me, I know that that standard is very low. Jonathan Hall QC, the current independent reviewer of terrorism legislation, says:

“I am not aware of cases where the authorities would like to have imposed a TPIM if the standard of proof had been lower”.—[Official Report, Commons, Counter-Terrorism and Sentencing Bill Committee, 25/6/20; col. 6.]


In that case, why do the Government need to change the standard of proof? Jonathan Hall QC also argues against doing away with the two-year limit on TPIMs as the Bill proposes. At the least, he suggests, safeguards are needed, such as the Secretary of State seeking the court’s permission for any extension beyond two years in the same way that she does when a TPIM is first made. Although we are blessed with a number of former independent reviewers of terrorism legislation in this House, what is the point of having a current reviewer of terrorism legislation if he is not listened to?

We should not return to the days when the state could deprive someone of their liberties indefinitely without trial. We on these Benches have had enough of the Government’s “talk tough” rhetoric and their low-cost or no-cost options that have no evidence to support their effectiveness. We will support every measure in the Bill where the evidence shows they are necessary and effective in keeping us safe from terrorism but we will call out every measure where the evidence suggests they are unnecessary and ineffective.